The U.S. District Court for the Western District of Texas dismissed a suit against the State Department concerning the regulation of 3D gun file exports, saying the claims are moot because the State Department shifted export control responsibility to the Commerce Department. Judge Robert Pitman dismissed the case for lack of jurisdiction, saying plaintiffs Defense Distributed and Second Amendment Foundation failed to show the State Department still regulated the exports. Pitman also ruled that Defense Distributed's claim for monetary damages against the State Department belongs "to the exclusive jurisdiction of the Court of Federal Claims."
The U.S. filed its initial written submission March 20 in its second panel under the USMCA trade deal over Canada's dairy tariff-rate quotas, arguing that various elements of Canada's TRQ allocation system "remain fundamentally inconsistent with Canada's USMCA obligations," according to a copy of the submission posted by the International Economic Law and Policy blog.
Importers under investigation by CBP for customs penalties should consult with their lawyers on whether and when to waive the statute of limitations, customs lawyer Larry Friedman of Barnes Richardson said. Commenting on the Court of International Trade's recent decision in U.S. vs. Crown Cork & Seal, Friedman said that waiving the statute of limitations is often "the correct thing to do" since it "allows both sides to fully investigate the matter and permits settlement discussions."
Corporations can take a number of steps to make sure their compliance procedures will allow them to qualify for potential declinations under DOJ’s new corporate enforcement policies, lawyers said this week. But they also said certain parts of the new DOJ policies could be clearer, including the agency’s definition for “extraordinary” cooperation during an investigation.
Law firm Quinn Emanuel will open an office in Beijing, its second office in mainland China. The new office will bolster the firm's China practice on matters including international arbitration and government agency investigations, among them DOJ, the Securities and Exchange Commission and the Office of Foreign Assets Control. Quinn Emanuel also helps large companies with "critical internal investigations and government enforcement actions involving their China operations," the firm said. Xiao Liu, Quinn Emanuel's China practice chair, will head the Beijing office.
DOJ last week announced “significant changes” to how it assesses corporate compliance programs’ approach to communications platforms, which could impact whether the agency offers to resolve an investigation without criminal charges. Under the revised policies, companies that claim to not have access to emails and other electronic information related to a DOJ probe may have to prove to the agency that they can’t access those messages, Assistant Attorney General Kenneth Polite said.
Swedish telecommunications giant Ericsson announced Feb. 28 that Laurie Waddy will step down as the company's chief compliance officer after nearly four years in the role. Waddy has stood at the center of Ericsson's compliance efforts amid alleged violations of the Foreign Corrupt Practices Act.
The U.S. Court of Appeals for the 9th Circuit is "unlikely" to revisit its 2004 decision finding that False Claims Act qui tam cases involving customs duty avoidance belong at the Court of International Trade, law firm Morgan Lewis said in a Feb. 23 blog post. Overturning the decision would require an en banc ruling from the court, something that does not seem probable given that it is a whistleblower action in which the government hasn't intervened, the post said.
Global law firm Akerman created a new Economic Sanctions and Export Controls Practice team. The group will work to assess "the scope and impact of sanctions and export controls" and design compliance programs, while also "litigating prohibited persons designations, freeing frozen assets, responding to audits, and obtaining licenses," it said Feb. 24.
The Commerce Department and DOJ this week launched a new task force to “target illicit actors” and protect critical technologies from being acquired by “nation-state adversaries.” The Disruptive Technology Strike Force -- which will be led by Commerce’s Bureau of Industry and Security and DOJ’s National Security Division -- will focus on investigating and prosecuting criminal export violations, improving “administrative enforcement” of export controls, coordinating law enforcement actions and “disruption strategies” with U.S. allies and more.